Unemployment Reason Mistake

[ec2323]

What is the name of your state (only U.S. law)? IL
I recently setup a new unemployment claim online and selected the wrong unemployment reason by mistake (chose laid off and should have been discharged). I have already received my first week benefit payment, but realized that I had made a mistake and went to the UE office to fix this issue and fill out the correct paperwork. What happens next with this type of issue? and what types of penalties could apply here?

[pattytx]

Depends on WHY you were discharged as to whether or not you would still receive benefits. The fact that you voluntarily admitted the mistake and are trying to fix it bodes well for you; i.e., that it was just a "mistake" and not intentional fraud.

What did the commission say when you submitted the corrected paperwork?

[ec2323]

I was discharged for work performance after a 30 day review period where projects were assigned and completed, and was told that my work performance was improving.

Last week I received a letter for an upcoming UE interview that the company is claiming I was discharged for misconduct, which does not make sense to me as there was no misconduct and I was told that I would be eligible to receive benefits. When I received the interview letter, I went to the UE office to see if something was incorrect with my filing and identified and corrected the unemployment reason issue

[ec2323]

Is there any additional information you can provide on this issue? When I met with the UE office staff, I explained the mistake that I had made, the letter I received and they added my paperwork to my file.

What should I expect during the interview? And how should I address this mistake and discharge situation?

[commentator]

If the company claims misconduct, the unemployment office will contact them and do a "fact finding" and attempt to see what evidence they have of this. After they have accumulated this evidence, you should hear whether your claim has initially been approved or denied.

When a person is discharged for performance issues, they can still be eligible for unemployment insurance, as long as the performance issue cannot be defined to be actual misconduct. In other words, if you showed up, did your best, and still were not able to meet their quota, meet their performace standards, do what they were asking of you. This is what you should maintain, and how you should address the issue. You were being told that you performance was improving. You did the job to the best of your ability. You did everything you could to keep the job.

What the company would have to show is that you at one time had the capability to do the job, and that then, due to negligence or lack of effort, decided not to cooperate, not to do the job right. That would be misconduct. In other words, if they have video tape of you sleeping at your desk or playing on the internet instead of doing your job, that's misconduct lack of performance.

You should receive an initial decision either approving you for benefits or denying your benefits within a week or two. You, if denied, or the employer if you are approved, will be allowed 15 days to appeal this decision. If this happens, if a party appeals, there will be a hearing, with both parties present, in which you will present this same evidence. If you were showing up and doing your best, it will be very difficult for them to prove your lack of performance was a misconduct issue.

Be sure you keep filing for weeks as they pass. If you are approved, you will be back paid for the weeks that have passed since your original filing, provided you have certified for each one.

[ec2323]

thank you for your comments.

Will my mistake setting up the wrong unemployment reason during my intial filing also be part of the discharge for misconduct interview, or are these separate issues?

Since I have already gone to the UE office to submit the paperwork and correct my UE reason, what happens next? What else do I need to do to address this issue, and what penalties could be triggered?

[commentator]

The reason for discharge is what they are going to be looking at. What you say, what the company says.

The unemployment office is not going to also say, "Well, you lied about it at first, you no good!" Because it is going to be perceived as you said it was, an honest mistake. The worst that will happen, if you are initially denied, then file an appeal, lose the appeal, and are never approved for benefits, you'll have to pay the one week of unemployment insurance that you received back. That would be the case if you had told the absolute truth, and gotten that first check anyhow, as sometimes happens.

If you are smart, you'll forget all about the initial error, whatever the reason it was done. Because they're looking at the actual separation only, what was said, what was given to you, what was the reason, did you know your job was in jeopardy, does the company have proof of the misconduct they are alledging...just the facts of the termination.

You don't have to worry that you've ruined your case or made a bad impression or something. There is a misconception that the unemployment office workers have lots of leeway, that if you are nice to them, they'll give you want you want, it's all in how they perceive you (I saw this on a website the other day.) It's garbage. They have laws to administer. They have to give the claimant and the employer the same amount of belief and credibiity. But they can't change the law and penalize you because you did the claim wrong initially. You took the right steps to correct it. But if you receive any money without approval, you will certainly be liable to repay it.